Request for a preliminary ruling from the Tribunal Administratif (Luxembourg) lodged on 5 March 2021 – A, B and C, legally represented by his parents v Ministre de l’Immigration et de l’Asile

(Case C-153/21)

Language of the case: French

Referring court

Tribunal Administratif

Parties to the main proceedings

Applicants: A, B and C, legally represented by his parents

Defendant: Ministre de l’Immigration et de l’Asile

Question referred

Can Article 33(2)(a) of Directive 2013/32/EU on common procedures for granting and withdrawing international protection, ¹ read in conjunction with Article 23 of Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, ² and with Article 24 of the Charter of Fundamental Rights of the European Union, be interpreted as permitting a declaration of inadmissibility in respect of an application for international protection made by the parents of a minor, in the name and on behalf of that minor, in a Member State (in this case Luxembourg) other than that which has previously granted international protection to the parents, brothers and sisters of the child, but not to the child himself (in this case Greece), on the ground that the authorities of the country which granted international protection to the parents, brothers and sisters, prior to their departure from that country and prior to the birth of the child, have guaranteed that, on arrival of the child and return of the other family members, the child will be granted a residence permit and will have the same benefits available to him as are granted to beneficiaries of international protection, though without stating that he will be granted international protection in his own right?

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¹ OJ 2013 L 180, p. 60.

² OJ 2011 L 337, p. 9.